United States v. Condron

Opinion of the Court

Quinn, Chief Judge:

Pursuant to the provisions of Article 67(b)(2), Uniform Code of Military Justice, 10 USC § 867, the Judge Advocate General of the Army certified the record of trial to this Court for review of the following question:

Was the board of review correct in its determination that failure to transmit the ease for rehearing to the convening authority who originally referred the case to trial resulted in jurisdictional error thereby rendering the rehearing proceedings null and void?

We considered the same question in United States v Martin, 19 USCMA 211, 41 CMR 211…